What do I have to send with my application form to the Injuries Board Ireland to justify a street trip injury compensation claim?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

What do I have to send with my application form to the Injuries Board Ireland to justify a street trip injury compensation claim?

Answer:

Inasmuch as it would be recommended that you take photographs whenever possible of a hazard in the street which has caused you to trip over and injure yourself, there is no need to submit evidence of negligence to the Injuries Board Ireland when submitting an application form requesting an assessment of a street trip injury compensation claim.

The Injuries Board Ireland will only assess the value of your street trip injury claim if the party against whom you are making the claim accept their responsibility for your injuries – i.e. the Injuries Board Ireland is not going to judge whether the person against whom you are making the claim for street trip injury compensation is negligent or not.

Should the negligent party acknowledge that they were at fault for your injury, they will consent to the Injuries Board Ireland making an assessment of your claim. If not, the Injuries Board Ireland will issue you with an authorisation to pursue your claim street trip injury compensation through the courts – at which time you may be required to present evidence of negligence (including photographs of the hazard which caused your trip) in support of your claim.

If the Injuries Board Ireland are unable to assess your claim for street trip injury compensation – and you have engaged the services of a personal injury solicitor – it is unlikely that your claim for a street trip injury will have to go to court, as your solicitor will enter into negotiations with the negligent party´s insurers to prove negligence and agree on how much compensation for a street trip injury you are entitled to receive. Only if the negligent party continue to deny their liability for your street trip injury, or your solicitor cannot obtain a suitable settlement of street trip injury compensation, will the courts be required to resolve your claim.

Therefore, the only details which should be submitted with your application form to the Injuries Board Ireland are the medical assessment form (Form B – completed by your doctor) and receipts for any expenses you have incurred which are attributable to your injury. To ensure yourself against being under-compensated for your injuries when your claim for street injury compensation is assessed, it is advisable to have a solicitor go over your application to the Injuries Board Ireland before it is submitted and, at the same time, your solicitor can advise you of evidence you can use to support your street trip injury claim should liability for your injuries be denied.